Mr.
Johnson brought this lawsuit in September 2016, alleging a
variety of state-law and federal claims after Defendant
Michael Rogers allegedly kicked and broke his leg while he
was handcuffed. [Filing No. 1-1.] Among other
things, Mr. Johnson seeks “[d]amages for emotional
distress” and “pain and suffering” as a
result of the incident. [Filing No. 71 at 1-2.]
Seeking discovery on Mr. Johnson's emotional distress
claim, Defendants moved to compel Mr. Johnson to provide
signed HIPPA consent forms to allow Defendants to obtain
medical records concerning Mr. Johnson's mental health
treatment. [Filing No. 68.] Magistrate Judge Matthew
Brookman granted Defendants' Motion to Compel, finding
that Mr. Johnson had waived his psychotherapist-patient
privilege by placing his mental and emotional health at
issue. [Filing No. 77.] Mr. Johnson objects to
Magistrate Judge Brookman's Order, arguing that the order
violates his privilege protection.[1] [Filing No. 79.]
But Mr. Johnson's Objections gloss over the deferential
standard that applies to review of a Magistrate Judge's
nondispositive decision. Mr. Johnson has fallen far short of
demonstrating that Magistrate Judge Brookman's decision
was the product of clear or legal error. To the contrary, the
Court finds Magistrate Judge Brookman's Order to be
thorough and well-reasoned, and therefore
OVERRULES Mr. Johnson's Objections
thereto.

I.

Standard
of Review

Review
of a magistrate judge's decision on a nondispositive
motion is deferential, and the Court may sustain an objection
to such an order only where it is “clearly erroneous or
is contrary to law.” Fed.R.Civ.P. 72(a); 28 U.S.C.
§ 636(b)(1)(A). An order is clearly erroneous
“only if the district court is left with the definite
and firm conviction that a mistake has been made.”
Weeks v. Samsung Heavy Industries Co., Ltd., 126
F.3d 926, 943 (7th Cir. 1997). “An order is contrary to
law when it fails to apply or misapplies relevant statutes,
case law, or rules of procedure.” Pain Center of SE
Ind., LLC v. Origin Healthcare Solutions, LLC, 2014 WL
6674757, *2 (S.D. Ind. 2014) (citations and quotation marks
omitted).

Mr.
Johnson filed his Complaint in state court on September 9,
2015, alleging that Mr. Rogers kicked and broke his leg while
he was handcuffed. [Filing No. 1-1 at 4.] Mr.
Johnson pursues several legal theories, including an
excessive force claim under 42 U.S.C. § 1983 against Mr.
Johnson, Monell claims against Chief Troy Riggs and
the City of Indianapolis, and state-law negligence and
battery claims against Mr. Rogers and the City. [Filing
No. 1-1 at 5-8.] Mr. Johnson's Notice of Tort Claim,
incorporated by reference into his Complaint, [Filing No.
1-1 at 4], alleges that he has “sustained certain
. . . emotional injuries” and seeks damages for
“emotional distress.” [Filing No. 1-1 at
10.] Defendants removed this matter on October 10, 2016
on the basis of this Court's federal question
jurisdiction. [Filing No. 1.]

On June
2, 2017, Mr. Johnson filed his Preliminary Witness and
Exhibit List, which included as potential witnesses
“[a]ny and all of Plaintiff's treating physicians
and healthcare providers [who] will testify as to his
injuries, emotional condition[, ] and treatment, including
but not limited to those identified in the medical records
and those listed below.” [Filing No. 53 at 3.]

On
March 9, 2018, Defendants filed their Motion to Compel,
requesting among other things that Mr. Johnson be compelled
to sign HIPPA consent forms to allow Defendants to obtain Mr.
Johnson's medical records. [Filing No. 68.] On
March 20, 2018, contemporaneous with his response brief, Mr.
Johnson filed an “Amended Statement of Special Damages,
” stating that he was seeking “[d]amages for
emotional distress . . . . The Plaintiff is not making a
claim that his injuries in the present case resulted in a
mental disease. He is simply making general claims for pain
and suffering and emotional distress which would typically
accompany this type of injury for anyone.” [Filing
No. 71 at 1-2.] The Statement continues: “After
conferring with his mental health professionals, the
Plaintiff has decided to withdraw his claim for loss of past
and future earnings in order to avoid the psychological harm
and potential relapse which would occur if personal and
private mental health issues were dredged up during the
course of discovery.” [Filing No. 71 at 2.]

On
April 20, 2018, Magistrate Judge Brookman issued his Order
granting Defendants' Motion in relevant part and ordering
Mr. Johnson to sign and return HIPPA authorization forms for
Community Health Services, Eskenazi Hospital, and the
Martindale-Brightwood Health Center for October 30, 2014 to
the present.[2] [Filing No. 77 at 14.] On May 4,
2018, Mr. Johnson filed his Objections to the portion of the
Magistrate Judge's Order requiring him to provide the
signed authorization forms. [Filing No. 79.] Mr.
Johnson's Objections are fully briefed and ripe for
decision.

III.

...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.